Last updated November 2025
⏱️ One Rule That Can Make or Break a DUI Case
If you’ve been arrested for DUI in Florida and took a breath test, the Florida DUI 20-minute observation rule could make or break your case. Before giving the test, officers are required to observe you for at least 20 uninterrupted minutes. But here’s what many people — and even some lawyers — don’t realize:
👉 Before administering the test, the officer is legally required to observe you for at least 20 uninterrupted minutes.
If they didn’t? That test result could be challenged — or even thrown out.
As a Fort Lauderdale DUI defense lawyer and former prosecutor, I’ve seen this rule broken often. Let’s unpack what the 20-minute observation rule is, why it matters, and how we use it to fight DUI charges in court.
📘 What Is the 20-Minute Observation Rule?
Florida DUI rules require that before administering a breath test, law enforcement must observe the subject continuously for at least 20 minutes.
During that time, you must not:
Eat or drink
Smoke
Vomit, burp, or regurgitate
Put anything in your mouth
Be left unattended
✅ The purpose is to ensure that no mouth alcohol interferes with the results of the test — because that would create a false high reading.
Learn more about Florida’s breath testing procedures on the DHSMV website.
🧪 Why This Rule Is So Important
Breathalyzers are calibrated to measure alcohol from deep lung air — not your mouth.
But alcohol from food, drink, or gastric reflux (like GERD) can linger in the mouth and spike results.
That’s why Florida law requires a 20-minute observation to allow any mouth alcohol to dissipate.
🚫 If the officer is distracted, fills out paperwork, leaves the room, or doesn’t document the observation period properly, the test may be invalid.
📹 How We Prove the Rule Wasn’t Followed
As your defense attorney, I’ll investigate how the test was conducted by:
Reviewing breath room video footage, if available
Examining the breath test affidavit and log
Cross-examining the officer’s memory of the event
Identifying any interruptions or non-continuous supervision
💡 In some cases, we’ve shown that officers walked away or had conversations with other deputies, or even used their phones to send personal texts — all during the supposed “observation” window.
⚖️ Can This Get Your DUI Charges Dismissed?
If the breath test is suppressed or discredited, it can significantly weaken the prosecution’s case — especially in borderline BAC cases or where there’s no driving pattern, no accident, and no video evidence of impairment.
Judges may:
Suppress the breath result entirely
Allow you to negotiate a charge reduction (e.g., wet reckless)
Rule that the test results lack reliability
Many DUI cases in Florida have been challenged — and even dismissed — because the Florida DUI 20-minute observation rule was violated.
👉 Without a solid breath test, many DUI casesfall apart.
🛡️ Why the Florida DUI 20-Minute Observation Rule Matters
At Michael White, P.A., we file motions to suppress breath test results whenever the 20-minute rule is violated — and we back those motions with:
Video timestamps
Evidence of inconsistent documentation
✅ We know what to look for — and we use it to weaken or eliminate the State’s most damaging evidence.
Facing DUI Charges in Fort Lauderdale? Time Could Benefit You
If you blew over the legal limit in a Florida DUI case, that doesn’t mean the test was valid — especially if the officer failed to observe you correctly. We’ll review your case to see if the Florida DUI 20-minute observation rule was followed — and if it wasn’t, we’ll challenge your results in court.
👉 Call Michael White, P.A. today for a free consultation. Let’s review your Fort Lauderdale DUI case — and the officer’s clock.
🙋♂️ Frequently Asked Questions About the 20-Minute Observation Rule
❓ What happens if the 20-minute rule wasn’t followed?
If the officer didn’t observe you continuously for 20 minutes, your attorney can file a motion to suppress the breath test. If successful, the results may be excluded from evidence.
❓ Can the officer multitask during the observation?
No. The officer must observe you without interruption — not fill out paperwork, leave the room, or become distracted.
❓ Is video required to prove a violation?
No, but video helps. If available, video can show gaps in observation. Otherwise, police reports, timing inconsistencies, or officer testimony can expose the violation.
❓ What if I burped or vomited during the 20 minutes?
The observation period must restart from zero if that happens. Failure to do so violates procedure and can make the test invalid.
❓ Can this get my DUI charge dismissed?
It depends. If the breath test was the key evidence and it gets thrown out, the State may drop or reduce the charges.
⏱️ If the officer didn’t follow the rules — the results don’t count.
Call Michael White, P.A. today to challenge your DUI breath test and fight back with confidence.